MA DATE RAPEDEFENSE LAWYER

Date rape is a term heard in reference to sexual battery or forced sexual activity when the victim knows the accused. They may be friends, acquaintances, neighbors, on a date or even may be in a relationship. Drugs and alcohol are often involved in instances of date rape, serving to incapacitate the victim or make memories of the event unclear.

If you have been accused of date rape in Massachusetts, you will face harsh penalties. With an experienced attorney on your side, however, you may be able to avoid a conviction or have the charges against you dropped.

SERIOUS CHARGES REQUIRE A SERIOUS DEFENSE

Rape allegations can be difficult to defend. In many instances, the primary evidence may be "he said, she said." In other cases there may be DNA evidence or other strong circumstantial evidence. However, Massachusetts Sex Crimes Defense Lawyer James Powderly understands how the prosecution approaches these cases. Attorney Powderly works to challenge the evidence against you and locate the weaknesses that exist in every case.

MA DATE RAPE DEFENSE STRATEGY

Each case has different facts and will require a unique approach. We analyze the case and determine the most effective presentation of your case. Our sex crimes defense attorneys work hard to develop an effective rape defense strategy.

• We utilize DNA experts to challenge the validity of any DNA evidence.
• When a case lacks DNA evidence, we use this fact to our client's advantage.
• We listen to our client's the story. Was the act consensual?
• Did the police violate our client's rights by coercing a confession?
• Was the accuser known for making false accusations?

Your reputation can be seriously damaged by allegations of sexual abuse, rape or date rape. Society is quick to jump to conclusions. We fight to protect your rights, preserve your freedom and preserve your reputation. Click Here to schedule a free initial consultation.

MA RAPE PENALTIES: Chapter 265: Section 22

• First Offense: Up to Twenty (20) Years in State Prison
• Second or Subsequent Offense: Up to Life in State Prison
• Offense While Armed with a Firearm: Not Less than Ten (10) Years in State Prison
• Subsequent Offense While Armed with a Firearm: Up to Life in State Prison; But Not Less than Fifteen (15) Years

MASSACHUSETTS DATE RAPE LAW

Chapter 272: Section 3. Drugging persons for sexual intercourse

Whoever applies, administers to or causes to be taken by a person any drug, matter or thing with intent to stupefy or overpower such person so as to thereby enable any person to have sexual intercourse or unnatural sexual intercourse with such person shall be punished by imprisonment in the state prison for life or for any term of years not less than ten years.

MASSACHUSETTS RAPE LAW

Chapter 265: Section 22.Rape

(a) Whoever has sexual intercourse or unnatural sexual intercourse with a person, and compels such person to submit by force and against his will, or compels such person to submit by threat of bodily injury and if either such sexual intercourse or unnatural sexual intercourse results in or is committed with acts resulting in serious bodily injury, or is committed by a joint enterprise, or is committed during the commission or attempted commission of an offense defined in section fifteen A, fifteen B, seventeen, nineteen or twenty-six of this chapter, section fourteen, fifteen, sixteen, seventeen or eighteen of chapter two hundred and sixty-six or section ten of chapter two hundred and sixty-nine shall be punished by imprisonment in the state prison for life or for any term of years.

No person serving a sentence for a second or subsequent such offense shall be eligible for furlough, temporary release, or education, training or employment programs established outside a correctional facility until such person shall have served two-thirds of such minimum sentence or if such person has two or more sentences to be served otherwise than concurrently, two-thirds of the aggregate of the minimum terms of such several sentences.

(b) Whoever has sexual intercourse or unnatural sexual intercourse with a person and compels such person to submit by force and against his will, or compels such person to submit by threat of bodily injury, shall be punished by imprisonment in the state prison for not more than twenty years; and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or for any term or years.

Whoever commits any offense described in this section while being armed with a firearm, rifle, shotgun, machine-gun or assault weapon, shall be punished by imprisonment in the state prison for not less than ten years. Whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 15 years.

No person serving a sentence for a second or subsequent such offense shall be eligible for furlough, temporary release, or education, training or employment programs established outside a correctional facility until such person shall have served two-thirds of such minimum sentence or if such person has two or more sentences to be served otherwise than concurrently, two-thirds of the aggregate of the minimum terms of such several sentences.

For the purposes of prosecution, the offense described in subsection (b) shall be a lesser included offense to that described in subsection (a).

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